Bodelningsavtal och felaktiga antaganden

Sammanfattning: The overall aim of the essay is to structure and systematise how Swedish law manages property division agreements that have been concluded on incorrect assumptions. A property division agreement is a product of two legal areas: family law and property law. Family law belongs to private law and contains rules that govern individuals' privacy. Fortune law is about economy and how individuals and legal entities trade in values and property. The investigation will identify how an interpretation procedure can be made on a property division agreement by means of legal rules, doctrine and practice in both family law and property law. The investigation also aims at analyzing whether a housing agreement can be considered unfair under section 36 of AvtL. In summary, the analysis shows that a property division agreement based on incorrect assumptions can be interpreted contrary to the wording if it is likely that the parties' joint consent will not be expressed in the agreement. By applying the property law rules analogously to the property division agreement, the investigation supports the agreement's unfairness in view of its content and in the light of the circumstances of the agreement.